Legal Analysis: Urmila Devi vs. State of Uttar Pradesh & Ors

Citation: 2026 INSC 471 (Non‑Reportable)
Court: Supreme Court of India
Bench: Justice Aravind Kumar and Justice Prasanna B. Varale (Division Bench)
Date of Decision: May 11, 2026
Nature of Judgment: Civil Appeal under Article 136 of the Constitution of India against an order of the High Court of Allahabad dismissing a writ petition challenging the recounting order in a Panchayat election dispute.

Synopsis of the Judgment

The appellant (Urmila Devi) contested the election for the post of Gram Pradhan and lost by a margin of two votes. She filed an election petition under Section 12C of the Uttar Pradesh Panchayat Raj Act, 1947 before the Sub‑Divisional Officer (Prescribed Authority), alleging irregularities in counting. The Prescribed Authority, by order dated 05.11.2022, allowed the election petition and ordered recounting. Recounting was held on 17.03.2023, and the appellant was declared the winner. Meanwhile, the returned candidate (respondent No.3) had filed a writ petition before the Allahabad High Court challenging the recounting order. The High Court allowed the writ petition, holding that the Prescribed Authority, having passed a final order on 05.11.2022 (allowing the election petition), had become functus officio and could not thereafter order recounting or declare a fresh result. The Supreme Court dismissed the appeal, affirming that the order dated 05.11.2022 was final in nature, and distinguished its earlier judgment in Raj Kumari v. Asha Devi where a similarly worded order was held to be interim because it only directed recounting without allowing the election petition. The Court also cautioned the Prescribed Authority to be careful in future.

1. Basic Information of the Judgment

• Case Title: Urmila Devi vs. The State of Uttar Pradesh & Ors.

• Civil Appeal No.: 7427 of 2026 (arising out of SLP(C) No. 9638/2023)

• Bench: Justice Aravind Kumar and Justice Prasanna B. Varale (Division Bench)

• Date of Decision: May 11, 2026

• Citation: 2026 INSC 471 (Non‑Reportable)

• Appeal From: Judgment and order dated 29.03.2023 of the High Court of Allahabad in Writ Petition No. 33777 of 2022

2. Legal Framework

Laws and Provisions Involved

• Uttar Pradesh Panchayat Raj Act, 1947: Section 12C (application for questioning elections – powers of the Prescribed Authority, finality of orders, revision to District Judge)

• Uttar Pradesh Panchayat Election Rules, 1994: Rules 104, 105,

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